Our client had constructed a 6m × 5m (30m²) outbuilding with a flat roof and EPDM membrane, 2.5m height, rendered blockwork to match the existing house, anthracite grey aluminium windows and French doors. The building was being used as a home gym with a shower room. Construction had taken place without checking permitted development compliance.
A neighbour complaint triggered an enforcement enquiry from Cheshire East Council. The enforcement officer inspected the site and raised two concerns: first, the structure was 1.8m from the side boundary — within the 2m threshold — with a flat roof height of 2.5m, exactly at the maximum permitted. Second, the inclusion of a shower room raised questions about whether the use was truly “incidental” to the dwelling or whether the building constituted a separate residential unit.
The enforcement officer suggested the client might need to demolish the building. The client contacted us in urgent need of professional planning support.
“‘Incidental to’ means the building is used for a purpose that is incidental to the enjoyment of the dwellinghouse. This could include use as a gym, hobby room, or garden office, and may include ancillary facilities such as a WC or shower.”
We identified that a shower room within a gym does not make the building a separate dwelling — it remains incidental to the enjoyment of the dwellinghouse. We prepared a retrospective planning application as a belt-and-braces approach, supported by a comprehensive Planning Statement. The statement demonstrated that the building complied with all Class E criteria and addressed every amenity concern raised by the neighbour. We engaged directly with both the case officer and the enforcement team to manage the process and prevent any demolition notice being issued while the application was pending.
Approved by Cheshire East Council. The enforcement enquiry was closed following the grant of planning permission. The Planning Statement successfully argued that the gym with shower room was incidental to the enjoyment of the dwelling — the shower is an ancillary facility to the gym use, not evidence of a separate residential unit. The neighbour’s objections on noise and alleged commercial use were addressed in full, with the officer accepting that a private home gym does not generate material harm to residential amenity.
The client avoided demolition and now has formal planning permission protecting the building in perpetuity. This case demonstrates the importance of seeking professional planning advice at the earliest opportunity — particularly when enforcement action is threatened. Without our intervention, the client faced the loss of a building that was, in fact, compliant with permitted development criteria.
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